This Week in the Mercury
Wednesday, March 3, 2010
News / Cops / Courts BREAKING: Beanbag Girl Guilty
Posted by Matt Davis on Wed, Mar 3, 2010 at 2:39 PM
Judge Paula Kurshner has this afternoon found a 13-year-old girl "within the jurisdiction of the court"—that's juvenile court language for "guilty"—of interfering with public transportation, resisting arrest, and assaulting a public safety officer in a trial at Multnomah County juvenile court.
In the end, the case came down to the word of Officer Aaron Dauchy against the girl, and footage from a TriMet platform of what went down. The girl's defense attorney, Stephen West, argued that Dauchy didn't follow police bureau procedures by pursuing the girl and escalating the situation.
"Reviewing the video makes it no doubt in my mind that the reaction of this youth resulted in what happened," said the judge. "She punched the police officer and escalated from there due to her behavior."
Judge Kurshner said that the arrest of the girl's friend, Sheldon Flores, moments earlier, was "calm, controlled, and without incident."
Flores told Dauchy that the incident had been the girl's fault, and the Judge agreed. "The fact of the matter is if this young lady had behaved the way he did, that this young lady wouldn't be here today," she said.
Judge Kurshner sentenced the girl to a probation plan for a year, she's to attend school, obey all school rules, complete an alcohol and drug screening and treatment, mental health screening and treatment, 24 hours of community service, and skill building.
"We are very disappointed with the court's decision," says her attorney, Stephen West. "This incident remains very troubling, and disturbing. It was not right, and it was not fair for the officers to do what they did to this 12-year-old girl."
West plans to appeal.
"I am disappointed," said the girl's mother, afterward. "And we're going to file an appeal."
"Once again the credibility of our officers has been called into question," said Joyce Harris from the African American Alliance, who had been watching the trial. "The police are supposed to follow policy and procedure, and all of us have to do that in our line of work. But when the police break policy they seem to be able to carry on as if nothing had happened."
1
Dauchy's own testimony was inconsistent with his report. Under cross-examination he admitted that neither Flores nor the defendant was engaged in disruptive activity on the MAX. Police pursued the two of them not because they were part of a crowd or posed an imminent risk to others, but rather to send a message that they were in control. Even Dauchy admitted that his initial engagement with the pair was less than calm and courteous.
To the extent that the judgment is consistent with the letter of the law, I have trouble accepting that police intervention was either necessary or justified in the first place. This judgment does not address that set of facts, only what happened after police decided to pursue an engagement. The post hoc actions of a defendant do not justify the ad hoc decisions and actions of police to intervene.
2
Thus, I see the judge's statements as a bit odd. I would asses them as being partially correct.
Did the girl resist arrest and at least attempt to assault an officer? Yes. Did she interfere with public transportation? Maybe. But when is that charge really supposed to be used?
Does that justify the full police intervention, including the use of the bean bag? Not necessarily. (And I would say NO.)
6
Regardless of how she was taken in to custody, this girl was obviously guilty of the charges. I hope that by entering the juvenile system, she can receive the counseling and support that it sounds like she needs.
7
Dauchy's testimony suggested they had developed tactics to intervene on MAX that weren't documented anywhere. These tactics were used mainly to exert control over youth they suspected of gang affiliation or with whom they had had previous contact (not necessarily including arrest much less conviction).
These individuals are predominantly people of color and of limited means. Excluding them from MAX interferes with their ability to engage in socially productive conduct like seeking health and social services or working away from the immediate locale where they reside.
When police use post hoc conduct to justify ad hoc actions to intervene, they essentially apply the law in an ex post facto fashion, which is inconsistent with the U.S. Constitution's due process and equal protection clauses. Condoning such conduct makes a mockery of our justice system and diminishes the rule of law. If the cops don't have to follow the law, why should anyone else?
8
Punching a cop is retarded. You will affect exactly nothing.
Now, for the cop...I feel sorry for him, honestly. I know if I were a policeman on the force with him, I would never let him hear the end of the ridicule for having to resort to a gun over a 12-y/o girl and would heckle him so bad I'd probably get fired or cause him to commit suicide out of humiliation.
11
It's clear that the entire justice system, judges and juries included, are terribly biased towards the police. Or perhaps, just perhaps, the police did nothing wrong in those cases. Nawww, that couldn't be it, could it?
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